Protected EFU lands from "non-resource land" designation

Deschutes County initiated an effort to find ways to allow intensive development in rural areas. It began when the Commissioners looked at a recent State law, HB2229, and felt it would allow them reclassify Exclusive Farm Use (EFU) lands as “non-resource lands.” As such, these lands would not have the strong protection that agricultural lands have under Oregon law, thus allowing a wide variety of uses for those areas. The Commissioners asked the Planning Department to begin this work in spring, 2014.

OLAWA actively opposed this effort at Planning Committee meetings and urged that the County should at least involve the broader public as part of the study process. When the Planning Department set up six public meetings throughout the County to seek input, OLAWA attended them--and asked you to attend as well. And we made our voices heard.

The next move by the Planning Committee was a surprise, though, when they suggested that instead of taking on the entire EFU definition throughout the County, they should instead “correct the mapping errors” in five subdivisions, including Squaw Creek Estates. The County felt they could eliminate EFU designations in this way, for specific parcels, under the authority granted them as a part of HB2229.

OLAWA suggested that this approach was not legitimate, that the County’s authority under the statute might allow it to look at EFU lands as a class and develop a process to reconsider that designation. But it would not allow the County to cherry pick particular areas for rezoning.

Responding to our concerns, the County sought clarification from DLCD and learned that there was no justification for the idea that mapping errors had been made, and therefore no basis for the County’s new approach.​

What's next?

In 2016, the county is planning to try again to create a new zoning category that would loosen EFU rules. We'll stand up for EFU rules if and when it happens.

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